Civil Litigation & Business Disputes
Pennsylvania Statute of Limitations: Complete Guide by Case Type
Last updated April 2026
The statute of limitations is a hard deadline. Miss it and your case is gone forever, no matter how strong it is. Pennsylvania has different time limits for different claims. Here's what you need to know for every major case type.
Personal Injury: 2 years from the date of injury (42 Pa.C.S. § 5524). If you're hit by a car in April 2024, you have until April 2026 to file suit. Miss that deadline and you're barred from recovery forever.
Medical Malpractice: 2 years from the date of injury, OR 2 years from the date you discovered the injury (the discovery rule). Medical malpractice is tricky because you might not realize a doctor's mistake immediately. The statute doesn't start running until you knew or should have known of the injury. If a surgeon leaves a sponge inside you and you don't discover it for three years, the two-year clock might not start until discovery. But there's a long-stop limit: you can't sue more than 7 years after the negligent act, even if you discover the injury later. Talk to an attorney quickly if you suspect medical malpractice.
Wrongful Death: 2 years from the date of death (42 Pa.C.S. § 5524(2)). The clock runs from death, not from when you discovered the wrongdoing that caused it.
Property Damage: 2 years (42 Pa.C.S. § 5524). If your home floods due to a neighbor's negligence in February 2024, you have until February 2026 to sue.
Breach of Written Contract: 4 years (42 Pa.C.S. § 5525). You have four years from the date of breach to file suit. If a contractor fails to complete work promised under a written agreement in January 2024, you have until January 2028 to sue.
Breach of Oral Contract: 4 years (42 Pa.C.S. § 5525). Same as written contracts. The statute of limitations doesn't care that the contract was spoken rather than written.
Promissory Note or Sealed Instrument: 20 years. This is less common but matters for formal debt documents or leases.
Fraud: 2 years from discovery (42 Pa.C.S. § 5524(7)). The clock starts when you discovered the fraud or should have discovered it using reasonable diligence. If a contractor misrepresents the quality of work and you don't discover the defect for two years, the statute might not have started running yet. But there's a 7-year absolute limit: you can't sue more than 7 years after the fraudulent act even if you're still unaware of it.
Defamation (slander or libel): 1 year (42 Pa.C.S. § 5523). This is short. If someone publicly lies about you in January 2024, you have until January 2025 to file suit. This is one of the shortest statutes in Pennsylvania, so don't delay if your reputation is damaged.
Trespass to Real Property (land): 2 years (42 Pa.C.S. § 5524). If someone enters your property without permission or oversteps a boundary, you have two years to sue for trespass or damages.
Trespass to Personal Property: 2 years. Same rule for interference with your belongings or chattels.
Product Liability (personal injury): 2 years from injury or discovery of injury. If a defective product causes you harm and you don't immediately realize the product caused it, the statute runs from discovery. Pennsylvania also recognizes a statute of repose: you typically can't sue more than 10 years after the product was first sold.
Breach of Warranty or UCC Claim: 4 years from the date of breach (13 Pa.C.S. § 2725). If you buy goods that breach the seller's warranty, you have four years to claim the breach.
Unfair Trade Practices Act (UTPCPL): 6 years from the date of the unfair practice (73 P.S. § 201-9.2). If a business engages in fraud or unfair practices in selling you goods or services, you have six years to file a claim or lawsuit under the UTPCPL.
Statute of Repose for Construction Defects: 12 years from the date of substantial completion (42 Pa.C.S. § 5536). This is an absolute limit. Even if you don't discover a defect until year 13, you're barred from suing. This harsh rule applies to personal injury and property damage claims arising from construction defects. It encourages property owners to inspect and identify problems within the 12-year window.
The discovery rule delays the start of the statute of limitations until you discover (or should have discovered) the injury or damage. It applies most commonly to medical malpractice and fraud.
You don't get unlimited time just because you were negligent in investigating. Courts ask whether you should have discovered the problem using reasonable diligence. A doctor's unreasonable delay in reviewing test results might extend the discovery period, but your own procrastination in following up on symptoms won't.
If you suspect you've been harmed and discovery might apply, consult an attorney quickly. The difference between a discovered injury and an undiscovered one is two years of filing time.
The statute of limitations is tolled (suspended) if the plaintiff is a minor or legally incapacitated. The clock doesn't start running until the minor reaches age 18 or the incapacity ends.
Example: A child is injured at age 5. The statute of limitations for personal injury is 2 years, but it's tolled during the child's minority. The clock starts running when the child turns 18. The child has until age 20 to file suit.
There's a catch: even with tolling, some statutes have absolute limits. The medical malpractice statute, for instance, has a 7-year absolute limit from the negligent act, even if the victim is a minor. The child can't wait until age 18 and then sue an act that occurred when they were 5 if more than 7 years have passed.
The statute of limitations starts running from the date of injury or breach, not from the date you discover it (except where the discovery rule applies). Ignorance of your harm doesn't extend the deadline.
The clock stops if you file a lawsuit before the deadline expires. Filing the complaint halts the statute. If you file suit on the last day before expiration, you're within the deadline even if the case doesn't conclude for years.
The clock also stops if the defendant is outside Pennsylvania and cannot be served. If you're trying to sue someone who left the state, the statute might not run while they're absent. But this is complex, so consult an attorney.
Don't wait for the statute to expire to get legal advice. If you have a potential claim, call an attorney within a year or two, not six months before the deadline. Gathering evidence, identifying the right defendant, and locating witnesses takes time.
Don't assume the discovery rule applies. It doesn't for most claims. For standard personal injury, the clock runs from the date of injury, not from when you realize it might be someone else's fault.
Don't file too late. Filing the complaint one day before the deadline is technically on time, but you'll have a sloppy case because you had no time to investigate properly. Give yourself a reasonable margin.
Don't assume a written demand letter, email, or settlement offer extends the deadline. Only filing a lawsuit stops the statute of limitations clock.
2 Years: Personal injury, medical malpractice, wrongful death, property damage, fraud (from discovery), defamation (1 year), trespass, product liability
4 Years: Written contracts, oral contracts, UCC/sale of goods
6 Years: Unfair Trade Practices Act (UTPCPL)
7 Years: Absolute limit for medical malpractice and fraud (regardless of discovery)
12 Years: Construction defects (statute of repose)
20 Years: Promissory notes, sealed instruments
Don't wait. Call Ballow & Lynde at 215-949-0888. We'll review the facts, identify the applicable statute, and advise you on timing and next steps. If you're outside the statute but within a gray area or subject to the discovery rule, we'll know whether there's still time.
Bring documentation: contracts, correspondence, receipts, photos of damage, medical records if applicable, and the date the injury or breach occurred. We'll use that to calculate your deadline and assess your claim.
Related: The Pleadings: How a Lawsuit Starts
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